Legal Foundation and Requirements

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Presentation transcript:

Legal Foundation and Requirements The Mineral Ressources Act

Mineral Resources Act The first area of competences that was taken over by Greenland was the Mineral Resources in January 2010. The legal foundation is the Mineral Resources Act – a framework legislation which strives towards best international practice.

Mineral Resources Act cont. The purpose of the Act is to ensure appropriate exploitation of mineral resources and The Act aims to ensure that activities under the Act are performed properly as regards safety, health, the environment, resource utilisation and social sustainability The Act aims to ensure that activities are performed in accordance with acknowledged best international practices under similar conditions. Licensees acting under the Mineral Resources Act have responsibility to ensure that their activities are conducted in a safe an secure manner for their employees, the public and the environment

Mineral Resources Act cont. The Mineral Resources Act contains a system of licences and approvals Exploitation Licence (Mineral Resources Act Section 16) Approval of Exploitation plan (Mineral Resources Act Section 19) Approval of Closure plan (Mineral Resources Act Section 43) Approval of Construction plan (Mineral Resources Act Section 86)

Exploitation Licence 16.–(1) The Greenland Government may for a specific area and on specific terms grant an exclusive licence for exploration and exploitation of one or more mineral resources. Licences may be granted separately for exploration and exploitation, respectively………………….

Exploitation Licence The area, periode and mineral covered by the exploitation licence Fees and royalty payment Third party activities in the area Reporting generally and on tax Impact Benefit Agreement Liability Etc.

Exploitation plan Section 19. Before exploitation and measures relating thereto are initiated, the Greenland Government must have approved an exploitation plan for the activities, including production organisation and related facilities. When so required by changed circumstances, the licensee must as soon as possible submit an amended plan to the Greenland Government for approval

Exploitation plan Overall exploitation plan Health, Safety and Environmental plans Contingency plans Plan for socially sustainable development Development plan Production, storage, waste and transportation plans

Framework legislation Non prescriptive Goal orienented Dynamic approach to accomodate to technical og political developments Requirements and conditions are stated in the licences Tekst skrives ind i sidehoved/sidefod